LUTHER WOODS
v.
STATE OF FLORIDA
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A successive habeas petition alleging ineffective assistance of appellate counsel may be dismissed where the petitioner has filed multiple prior postconviction motions raising similar claims.
[1] A successive habeas petition alleging ineffective assistance of appellate counsel may be dismissed where the petitioner has previously filed multiple postconviction motio…
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Join FLexlaw to unlock all legal intelligence“We caution Woods that abusive, repetitive, malicious, or frivolous filings directed to Orange County case number 2011-CF-3731-A-O may result in sanctions, such as a bar on pro se filings in this Court and referral to prison officials for disciplinary proceedings, which may include forfeiture of gain time.”
Court's warning to petitioner regarding future filings
Luther Woods was convicted of robbery with a firearm and grand theft. He has filed numerous postconviction motions and habeas petitions over several y…
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IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FIFTH DISTRICT
LUTHER WOODS,
Petitioner,
v. Case No. 5D19-2531
STATE OF FLORIDA,
Respondent. ___________________________/
Opinion filed December 20, 2019
Petition for Habeas Corpus, A Case of Original Jurisdiction.
Luther Woods, Perry, pro se.
No Appearance for Respondent.
COHEN, J.
Luther Woods was convicted of one count of robbery with a firearm and one count of grand theft.1 This Court per curiam affirmed his convictions. See Woods v. State, 150 So. 3d 1177 (Fla. 5th DCA 2014). In December 2014, Woods filed an original habeas petition alleging ineffective assistance of appellate counsel. This Court denied that petition by order. Woods also filed a Florida Rule of Criminal Procedure Rule 3.850 motion for postconviction relief in the circuit court in December 2014, which he subsequently amended in June 2015. The circuit
2
court denied relief, and this Court per curiam affirmed. See Woods v. State, 187 So. 3d 1264 (Fla. 5th DCA 2016). In March 2016, Woods filed a second Rule 3.850 motion for postconviction relief, which he amended the following month. The circuit court denied relief.2 In August 2016, Woods filed a motion to correct sentencing error. The circuit court denied relief, and this Court per curiam affirmed. See Woods v. State, 205 So. 3d 618 (Fla. 5th DCA 2016). Woods then filed two additional Rule 3.850 motions in October 2017, both of which were denied by the circuit court. This Court per curiam affirmed. See Woods v. State, 246 So. 3d 363 (Fla. 5th DCA 2018). In August 2018, Woods filed a fifth Rule 3.850 motion. The circuit court denied relief, and this Court per curiam affirmed. See Woods v. State, 259 So. 3d 839 (Fla. 5th DCA 2018). In May 2019, Woods filed a second, successive, and untimely habeas petition alleging ineffective assistance of appellate counsel. This Court dismissed that petition. In August 2019, Woods filed the instant petition for writ of habeas corpus in this Court. This Court denied that petition by order. We caution Woods that abusive, repetitive, malicious, or frivolous filings directed to Orange County case number 2011-CF-3731-A- O may result in sanctions, such as a bar on pro se filings in this Court and referral to prison officials for disciplinary proceedings, which may include forfeiture of gain time. See § 944.279(1), Fla. Stat. (2019); State v Spencer, 751 So. 2d 47 (Fla. 1999).
LAMBERT and GROSSHANS, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- State v. Spencer, 751 So. 2d 47 (Fla. 1999)
- Saccoccio v. Usrof IV Legal Title Tr., 246 So. 3d 363 (Fla. 4th DCA 2018)